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  • Thomas v. Jackson, 4th Cir. (1996)

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    Aaron Darryl Thomas filed a petition for a writ of mandamus asking the appeals court to direct the district court to rule on his motion for disclosure of a signed grand jury form. The appeals court denied the petition as moot because the district court had already denied Thomas's motion. The court noted that mandamus cannot be used as a substitute for appeal.

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    Filed: 1996-12-30 Precedential Status: Non-Precedential Docket: 96-633

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    Aaron Darryl Thomas filed a petition for a writ of mandamus asking the appeals court to direct the district court to rule on his motion for disclosure of a signed grand jury form. The appeals court denied the petition as moot because the district court had already denied Thomas's motion. The court noted that mandamus cannot be used as a substitute for appeal.

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    5 views2 pages

    Thomas v. Jackson, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    Aaron Darryl Thomas filed a petition for a writ of mandamus asking the appeals court to direct the district court to rule on his motion for disclosure of a signed grand jury form. The appeals court denied the petition as moot because the district court had already denied Thomas's motion. The court noted that mandamus cannot be used as a substitute for appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-633

    In Re: AARON DARRYL THOMAS,


    Petitioner.

    On Petition for Writ of Mandamus. (CR-94-69-2)


    Submitted:

    December 19, 1996

    Decided:

    December 30, 1996

    Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit
    Judge.
    Petition denied by unpublished per curiam opinion.
    Aaron Darryl Thomas, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Aaron Darryl Thomas, a federal prisoner, petitions for a writ
    of mandamus. He asks that we direct the district court to rule on
    his motion for disclosure of a signed grand jury form. Because the
    district court has denied the motion, we deny the petition for a
    writ of mandamus as moot. To the extent that Thomas wishes, through
    the mandamus petition, to appeal the district court's order, we
    note that mandamus is not a substitute for appeal. In re United
    Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). We dispense with
    oral argument because the facts and legal contentions are adequately set forth in the material before us, and argument would not aid
    the decisional process.

    PETITION DENIED

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